Preview
Electronically Filed
6/23/2021 6:49 PM
Hidalgo County District Clerks
Reviewed By: Monica Valdez
CAUSE NO.: C-2190-20-B
Christopher de Leon, d/b/a De Leon § In the District Court of
Aircraft Maintenance Professional, §
Plaintiff, §
§
vs. § 93rd Judicial District
§
City of Weslaco, Texas, §
Anthony Munoz, in His Official Capacity, and §
Russell Eugene Remy, §
Defendants. § Hidalgo County, Texas
Plaintiff Christopher De Leon d/b/a De Leon Aircraft Maintenance
Professional’s Response in Opposition to Defendant Russell Eugene Remy’s
Motion to Sever
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW Plaintiff CHRISTOPHER DE LEON D/B/A DE LEON AIRCRAFT
MAINTENANCE PROFESSIONAL, and files this his Response in Opposition to Defendant
RUSSELL EUGENE REMY’s Motion to Sever. In support thereof, Plaintiff respectfully shows
as follows:
I. Background
As noted in the recently filed motions to dismiss and responses thereto in this matter, the
interlocutory appeal concerning this Court’s denial of the assertion of immunity and plea to the
jurisdiction by Defendant CITY OF WESLACO, is still pending before the 13th District Court
of Appeals. City of Weslaco, Texas, Appellant, v. Christopher De Leon d/b/a De Leon Aircraft
Maintenance Professional, Appellee, Cause No. 13-20-00561-cv. Pursuant to chapter 51 of the
Texas Civil Practice and Remedies Code, all OTHER proceedings “in the trial court” are stayed
pending resolution of the appeal. See Tex. Civ. Prac. & Rem. §51.014 (b) (emphasis added).
H:\P\20-5631\Motions\06.23.2021 - Ps Rspns to Ds Mot Sever.wpd Page 1 of 5
Electronically Filed
6/23/2021 6:49 PM
Hidalgo County District Clerks
Reviewed By: Monica Valdez
Defendant RUSSELL EUGENE REMY’s now files a Motion to Sever the issues concerning
Plaintiff’s claim of defamation against Defendant REMY.
However, the Court cannot act on any motion during the pendency of the interlocutory
appeal.
II. There are No Exceptions to the Stay
There are no exceptions to the stay set forth by Section 51.014 (b). See Tex. Civ. Prac. &
Rem. §51.014 (b). The stay is “automatic,” “statutory,” and “allows no room for discretion.” See
In re Fraudulent Hosp. Lien Litig., Nos. 13-19-00545-CV, 13-19-00547-CV, 2019 Tex. App.
LEXIS 11094, at *6 (Tex. App.-Corpus Christi Dec. 19, 2019) (herein “In re Fraudulent Hosp.
Lien Litig., 2019"). Even if the parties agreed to a motion to sever, the Court “abuses its
discretion by entering orders and conducting proceedings during the pendency of a stay under §
51.014.” Id.
The Dayne case cited by Defendant is inapposite. In that case, there was no interlocutory
appeal pending. See In re Bliss & Glennon Inc., 2014 Tex. App. LEXIS 119, at 9, 2014 WL
50831, citing Dayne (“nothing in Dayne suggests that an interlocutory appeal had been taken
from the court's grant of the plea to the jurisdiction before the claims against other parties were
severed.”). Like this case, as in Bliss, an interlocutory appeal is pending and “a stay cannot be
circumvented by simply severing claims in the trial court.” In re Bliss & Glennon Inc., at 7 (also
referring to Sheinfeld, Maley & Kay, P.C. v. Bellush, 61 S.W.3d 437, 439 (Tex. App.-San
Antonio 2001, no pet.)). In Bliss, the court of appeals granted a writ of mandamus which it stated
it would issue if the trial court did not vacate its severance order. Id. at 11.
H:\P\20-5631\Motions\06.23.2021 - Ps Rspns to Ds Mot Sever.wpd Page 2 of 5
Electronically Filed
6/23/2021 6:49 PM
Hidalgo County District Clerks
Reviewed By: Monica Valdez
Thus, no motions can be heard and no proceedings should be held by this Court until the
resolution of the appeal.
III. The TCPA Deadlines are Tolled
Further, the deadlines applicable to claims under the Texas Civil Participation Act are
tolled by the automatic stay under § 51.014(b). In re Fraudulent Hosp. Lien Litig., 2020 Tex.
App. LEXIS 1882, at *5, 2020 WL 1060558 (Tex. App. Corpus Christi March 5, 2020) (citing In
re Fraudulent Hosp. Lien Litig., 2019 at 4). All proceedings “remain on hold including legal
deadlines applicable to any party.” In re Fraudulent Hosp. Lien Litig., 2019 at 10 (emphasis
added). Thus, while Defendant REMY may file motions to dismiss, or to sever, during the
pendency of the appeal despite the tolling of the deadlines, the court simply cannot act upon
them. Correspondingly, Plaintiff may serve Defendants and the parties could agree to take
actions outside of the court during the pendency of the appeal. Therefore, it was not improper to
serve Defendant REMY even though the legal deadlines remain “on hold.”
Defendant claims that Plaintiff calls “King’s X” by its advocacy for a statutory stay in this
matter, but, in fact, it is the Defendants who could move toward a quick resolution of the
defamation claim. Nothing in the Defamation Mitigation Act prevents a defendant from
proactively correcting, clarifying, or retracting, false statements.
Defendants should be well aware that there have been varying factors adding to the
delays, stops and starts in this matter and in all matters before Texas courts - the temporary
restraining orders and injunctions, the plea to the jurisdiction, the interlocutory appeal, and, the
numerous emergency orders issued by the Texas Supreme Court in response to the coronavirus
pandemic. All parties are affected by these delays and of all parties so affected, no one seeks to
H:\P\20-5631\Motions\06.23.2021 - Ps Rspns to Ds Mot Sever.wpd Page 3 of 5
Electronically Filed
6/23/2021 6:49 PM
Hidalgo County District Clerks
Reviewed By: Monica Valdez
resolve this matter more promptly than Plaintiff DE LEON so that he can reestablish his good
name and return to a successful livelihood free of calumny.
IV. Prayer
WHEREFORE, PREMISES CONSIDERED, Plaintiff CHRISTOPHER DE LEON D/B/A
DE LEON AIRCRAFT MAINTENANCE PROFESSIONAL respectfully requests that the
trial court affirm and recognize that all proceedings in this matter are stayed until resolution of
the appeal pending before the 13th Court of Appeals.
Respectfully submitted,
DALE & KLEIN, L.L.P.
1100 E. Jasmine, Ste. 202
McAllen, Texas 78501
Telephone No. 956.687.8700
Facsimile No. 956.687.2416
E-Mail: office@daleklein.com
/s/ William Mount, Jr.
KATIE PEARSON KLEIN
State Bar No. 11561900
WILLIAM D. MOUNT, JR.
State Bar No. 14602950
LISA Y. GUERRA
State Bar No. 24112407
/s/ Rafael De La Garza
State Bar No. 24076343
DE LA GARZA LAW FIRM
4919 S. Jackson Rd.
Edinburg, Texas 78539
Telephone: (956) 533-1426
Fax: (956) 284-0518
E-Mail: rdlglaw@gmail.com
ATTORNEYS FOR PLAINTIFF
H:\P\20-5631\Motions\06.23.2021 - Ps Rspns to Ds Mot Sever.wpd Page 4 of 5
Electronically Filed
6/23/2021 6:49 PM
Hidalgo County District Clerks
Reviewed By: Monica Valdez
Certificate of Service
I HEREBY CERTIFY that a true and correct copy of the foregoing document has been served
on all counsel of record on June 23, 2021, by electronic delivery to wit:
Rosemary Conrad-Sandoval
ROERIG, OLIVEIRA & FISHER, LLP
10225 N. 10th St.
McAllen, Texas 78504
Juan E. Gonzalez
LAW OFFICE OF JUAN E. GONZALEZ
3110 E. Bus. Hwy. 83
Weslaco, Texas 78596
Bobby Garcia
LAW OFFICE OF BOBBY GARCIA, PC
P.O. Box 5729
McAllen, TX 78502
/s/ William Mount, Jr.
WILLIAM D. MOUNT, JR.
H:\P\20-5631\Motions\06.23.2021 - Ps Rspns to Ds Mot Sever.wpd Page 5 of 5
Preview
Electronically Filed 6/23/2021 6:49 PM Hidalgo County District Clerks Reviewed By: Monica Valdez CAUSE NO.: C-2190-20-B Christopher de Leon, d/b/a De Leon § In the District Court of Aircraft Maintenance Professional, § Plaintiff, § § vs. § 93rd Judicial District § City of Weslaco, Texas, § Anthony Munoz, in His Official Capacity, and § Russell Eugene Remy, § Defendants. § Hidalgo County, Texas Plaintiff Christopher De Leon d/b/a De Leon Aircraft Maintenance Professional’s Response in Opposition to Defendant Russell Eugene Remy’s Motion to Sever TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Plaintiff CHRISTOPHER DE LEON D/B/A DE LEON AIRCRAFT MAINTENANCE PROFESSIONAL, and files this his Response in Opposition to Defendant RUSSELL EUGENE REMY’s Motion to Sever. In support thereof, Plaintiff respectfully shows as follows: I. Background As noted in the recently filed motions to dismiss and responses thereto in this matter, the interlocutory appeal concerning this Court’s denial of the assertion of immunity and plea to the jurisdiction by Defendant CITY OF WESLACO, is still pending before the 13th District Court of Appeals. City of Weslaco, Texas, Appellant, v. Christopher De Leon d/b/a De Leon Aircraft Maintenance Professional, Appellee, Cause No. 13-20-00561-cv. Pursuant to chapter 51 of the Texas Civil Practice and Remedies Code, all OTHER proceedings “in the trial court” are stayed pending resolution of the appeal. See Tex. Civ. Prac. & Rem. §51.014 (b) (emphasis added). H:\P\20-5631\Motions\06.23.2021 - Ps Rspns to Ds Mot Sever.wpd Page 1 of 5 Electronically Filed 6/23/2021 6:49 PM Hidalgo County District Clerks Reviewed By: Monica Valdez Defendant RUSSELL EUGENE REMY’s now files a Motion to Sever the issues concerning Plaintiff’s claim of defamation against Defendant REMY. However, the Court cannot act on any motion during the pendency of the interlocutory appeal. II. There are No Exceptions to the Stay There are no exceptions to the stay set forth by Section 51.014 (b). See Tex. Civ. Prac. & Rem. §51.014 (b). The stay is “automatic,” “statutory,” and “allows no room for discretion.” See In re Fraudulent Hosp. Lien Litig., Nos. 13-19-00545-CV, 13-19-00547-CV, 2019 Tex. App. LEXIS 11094, at *6 (Tex. App.-Corpus Christi Dec. 19, 2019) (herein “In re Fraudulent Hosp. Lien Litig., 2019"). Even if the parties agreed to a motion to sever, the Court “abuses its discretion by entering orders and conducting proceedings during the pendency of a stay under § 51.014.” Id. The Dayne case cited by Defendant is inapposite. In that case, there was no interlocutory appeal pending. See In re Bliss & Glennon Inc., 2014 Tex. App. LEXIS 119, at 9, 2014 WL 50831, citing Dayne (“nothing in Dayne suggests that an interlocutory appeal had been taken from the court's grant of the plea to the jurisdiction before the claims against other parties were severed.”). Like this case, as in Bliss, an interlocutory appeal is pending and “a stay cannot be circumvented by simply severing claims in the trial court.” In re Bliss & Glennon Inc., at 7 (also referring to Sheinfeld, Maley & Kay, P.C. v. Bellush, 61 S.W.3d 437, 439 (Tex. App.-San Antonio 2001, no pet.)). In Bliss, the court of appeals granted a writ of mandamus which it stated it would issue if the trial court did not vacate its severance order. Id. at 11. H:\P\20-5631\Motions\06.23.2021 - Ps Rspns to Ds Mot Sever.wpd Page 2 of 5 Electronically Filed 6/23/2021 6:49 PM Hidalgo County District Clerks Reviewed By: Monica Valdez Thus, no motions can be heard and no proceedings should be held by this Court until the resolution of the appeal. III. The TCPA Deadlines are Tolled Further, the deadlines applicable to claims under the Texas Civil Participation Act are tolled by the automatic stay under § 51.014(b). In re Fraudulent Hosp. Lien Litig., 2020 Tex. App. LEXIS 1882, at *5, 2020 WL 1060558 (Tex. App. Corpus Christi March 5, 2020) (citing In re Fraudulent Hosp. Lien Litig., 2019 at 4). All proceedings “remain on hold including legal deadlines applicable to any party.” In re Fraudulent Hosp. Lien Litig., 2019 at 10 (emphasis added). Thus, while Defendant REMY may file motions to dismiss, or to sever, during the pendency of the appeal despite the tolling of the deadlines, the court simply cannot act upon them. Correspondingly, Plaintiff may serve Defendants and the parties could agree to take actions outside of the court during the pendency of the appeal. Therefore, it was not improper to serve Defendant REMY even though the legal deadlines remain “on hold.” Defendant claims that Plaintiff calls “King’s X” by its advocacy for a statutory stay in this matter, but, in fact, it is the Defendants who could move toward a quick resolution of the defamation claim. Nothing in the Defamation Mitigation Act prevents a defendant from proactively correcting, clarifying, or retracting, false statements. Defendants should be well aware that there have been varying factors adding to the delays, stops and starts in this matter and in all matters before Texas courts - the temporary restraining orders and injunctions, the plea to the jurisdiction, the interlocutory appeal, and, the numerous emergency orders issued by the Texas Supreme Court in response to the coronavirus pandemic. All parties are affected by these delays and of all parties so affected, no one seeks to H:\P\20-5631\Motions\06.23.2021 - Ps Rspns to Ds Mot Sever.wpd Page 3 of 5 Electronically Filed 6/23/2021 6:49 PM Hidalgo County District Clerks Reviewed By: Monica Valdez resolve this matter more promptly than Plaintiff DE LEON so that he can reestablish his good name and return to a successful livelihood free of calumny. IV. Prayer WHEREFORE, PREMISES CONSIDERED, Plaintiff CHRISTOPHER DE LEON D/B/A DE LEON AIRCRAFT MAINTENANCE PROFESSIONAL respectfully requests that the trial court affirm and recognize that all proceedings in this matter are stayed until resolution of the appeal pending before the 13th Court of Appeals. Respectfully submitted, DALE & KLEIN, L.L.P. 1100 E. Jasmine, Ste. 202 McAllen, Texas 78501 Telephone No. 956.687.8700 Facsimile No. 956.687.2416 E-Mail: office@daleklein.com /s/ William Mount, Jr. KATIE PEARSON KLEIN State Bar No. 11561900 WILLIAM D. MOUNT, JR. State Bar No. 14602950 LISA Y. GUERRA State Bar No. 24112407 /s/ Rafael De La Garza State Bar No. 24076343 DE LA GARZA LAW FIRM 4919 S. Jackson Rd. Edinburg, Texas 78539 Telephone: (956) 533-1426 Fax: (956) 284-0518 E-Mail: rdlglaw@gmail.com ATTORNEYS FOR PLAINTIFF H:\P\20-5631\Motions\06.23.2021 - Ps Rspns to Ds Mot Sever.wpd Page 4 of 5 Electronically Filed 6/23/2021 6:49 PM Hidalgo County District Clerks Reviewed By: Monica Valdez Certificate of Service I HEREBY CERTIFY that a true and correct copy of the foregoing document has been served on all counsel of record on June 23, 2021, by electronic delivery to wit: Rosemary Conrad-Sandoval ROERIG, OLIVEIRA & FISHER, LLP 10225 N. 10th St. McAllen, Texas 78504 Juan E. Gonzalez LAW OFFICE OF JUAN E. GONZALEZ 3110 E. Bus. Hwy. 83 Weslaco, Texas 78596 Bobby Garcia LAW OFFICE OF BOBBY GARCIA, PC P.O. Box 5729 McAllen, TX 78502 /s/ William Mount, Jr. WILLIAM D. MOUNT, JR. H:\P\20-5631\Motions\06.23.2021 - Ps Rspns to Ds Mot Sever.wpd Page 5 of 5